Michigan Medical Malpractice Wrongful Death

Medical errors can result in the death of a patient. If you lost a family member due to negligence, you can file a medical malpractice wrongful death case.

The loss of a loved one is always a complex and emotional time. When the death is preventable, it stirs additional emotions.

All medical practitioners have a duty to act as any other reasonably competent provider would do under the same or similar circumstances. A violation of this duty that causes a patient’s death can be the basis for a Michigan medical malpractice wrongful death claim.

However, the process to file a claim is complex. It requires the skill and experience of a top-ranked medical malpractice lawyer to find the truth behind what happened.

If your loved one died under suspicious circumstances, you should reach out to a dedicated and skilled lawyer for help.

• Common medical errors causing wrongful deaths
• Can I file a lawsuit for a medical malpractice wrongful death?
• Who can file a medical malpractice wrongful death lawsuit?
• Medical malpractice wrongful death settlement example

Understanding Medical Malpractice and Hospital Negligence

Medical malpractice involves healthcare providers deviating from accepted practices in medical care, resulting in patient harm. This can include a wide range of errors, from surgical mistakes to incorrect medication dosages, as assessed by a medical professional.

Hospital negligence, on the other hand, encompasses systemic failures within healthcare facilities that lead to patient injuries. This can be due to inadequate staffing, poor communication systems, or outdated equipment.

Distinguishing between individual errors and systemic issues is vital for improving patient safety. While a single medical mistake might be attributed to human error, systemic problems point to deeper issues within the healthcare infrastructure.

Tackling both aspects helps create a safer healthcare environment and reduce preventable deaths.

Common Medical Errors Causing Patient Deaths

There are inherent risks and complications to many procedures and other medical situations. The fact that a patient dies after receiving medical care does not mean there was malpractice.

Rather, you must prove that the medical provider was negligent in the care of the patient. You must also prove that the negligence was a cause of death. There are many types of medical errors that cause patient death. Common mistakes include:

• Misdiagnosis of cancer;
• Emergency room negligence;
• Surgery errors;
• Anesthesia mistakes;
• Medication errors;
• Radiology errors, like a misread mammogram or x-ray;
• Failure to diagnose a blood clot or pulmonary embolism;

By consulting an attorney at Buckfire & Buckfire, P.C., you will better understand your rights during this difficult time. You can then decide with your family if legal action is the right choice.

Medical Malpractice Death Statistics

The scale of the medical malpractice crisis is alarming, with over 400,000 deaths annually in the U.S. due to medical mistakes, marking it as a significant public health concern. In fact, a study indicated that about 9.5% of all deaths in the United States are related to medical errors. These statistics reveal that medical errors are the third highest leading cause of death, following heart disease and cancer, according to CDC data.

These figures are not just numbers; they represent lost lives and devastated families. Medication errors alone cause between 7,000 and 9,000 deaths each year in the U.S., while diagnostic errors affect up to 80,000 patients annually due to incorrect or delayed diagnoses.

Can I Sue for Medical Malpractice Wrongful Death?

Families affected by medical malpractice must understand the legal requirements: demonstrating a breach of duty, causation, and resulting damages. The statute of limitations for filing medical malpractice claims typically starts when the injury is discovered, rather than when it occurred. This gives families some time to seek justice, but it is crucial to act promptly. In cases involving a patient’s death, the deadline for filing a lawsuit can be extended.

According to Michigan law, a medical practitioner commits malpractice when they breach their duty of care to the patient. This means that the treatment fell below the acceptable standard of care. This is also referred to as “medical negligence” and applies to doctors, nurses, and other licensed medical providers. In addition, you must prove that the death was caused by medical negligence.

Many times, the death occurs during surgery or shortly after discharge from the hospital. Sometimes, a patient lives for many months before passing away. The cause of death is often established through the Certificate of Death. This is an official government document stating the Manner of Death and Cause of Death. However, there are occasions when the death certificate does not provide the necessary reasons. In these situations, our attorneys will get the opinion of a forensic pathologist to prove that medical malpractice was the cause of the patient’s death.

Ultimately, a jury decides if medical malpractice caused a patient’s death. However, most cases settle out of court before a jury trial. A knowledgeable lawyer familiar with medical malpractice wrongful death cases will review the records to see if there is a winnable case.

Who Can File a Malpractice Wrongful Death Lawsuit?

According to Michigan General Statutes §600.2922, surviving family members may bring a lawsuit on behalf of the decedent. Typically, one family member is appointed the Personal Representative of the deceased person’s estate. This allows the family to pursue the wrongful death claim.

The Personal Representative works closely with the plaintiff’s attorney on the case. However, the other family members are involved from start to finish.

If a settlement is proposed, a judge determines if the fair settlement is fair. The judge will also determine the settlement shares for each family member if there is not an agreement.

The Necessity of an Expert Witness

To prevail in a medical malpractice wrongful death lawsuit, the plaintiff must be able to prove care professionals’ actions or inaction directly caused their loved one’s death.

Michigan law requires a qualified medical expert to support the case. This witness must provide testimony on three important issues:

1. What was the acceptable standard of care in the case?
2. Did the defendant fail to provide this required care?
3. Was the medical malpractice a cause of the patient’s death?

Many cases have multiple expert witnesses to discuss each issue. In cases with more than one defendant, multiple experts are required.

A plaintiff cannot start a lawsuit for damages without first hiring a qualified expert. This expert must be a medical professional with the same expertise as the defendant doctor.

Additionally, Mich. Gen. Stat. §600.2912(d) requires the expert to sign an Affidavit of Merit stating the opinions in the case. This affidavit must be filed with the Complaint.

Our experienced attorneys locate and hire top nationally respected medical experts for our cases.

What is the Compensation in Michigan Medical Negligence Death Cases?

Compensation in wrongful death cases primarily includes three categories:

1. Economic damages: These are quantifiable losses such as funeral costs, medical bills, and lost income that the deceased would have provided.
2. Non-economic damages: These focus on intangible losses like emotional suffering and loss of companionship, which are harder to quantify.

Michigan law imposes artificial caps on damages.  This means there are maximum compensation limits you can receive in a malpractice lawsuit.  There can be ways to get around the caps or receive more than the cap limit, but only an experienced lawyer can achieve that for you.

Medical Malpractice Wrongful Death Case Study

A family filed a wrongful death lawsuit for the death of a 71-year-old woman. She underwent elective thyroid surgery.

While in recovery, she had shortness of breath and then went into cardiorespiratory arrest. She coded due to post-surgical bleeding.

Due to the lack of oxygen, the patient suffered significant brain damage. She required 24-hour nursing care. As a result, she died due to the injuries caused by medical negligence.

The medical malpractice lawsuit was filed against the hospital staff and the ENT surgeon.

The main allegations involved the failure to quickly respond to the shortness of breath. The case settled for $1.2 million before trial.

Consult a Michigan Medical Malpractice Wrongful Death Claim Lawyer

Cases involving medical professionals are extremely complex. You need a skilled and experienced attorney to investigate your case.

If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees unless you win a settlement. And, we pay all of the case costs and expenses.

There are strict time deadlines for filing medical malpractice cases in Michigan. Call us now before your time to sue expires!

Contact our team of malpractice attorneys today for a free case review. We are eager to help you.

Frequently Asked Questions

What constitutes medical malpractice?

Medical malpractice occurs when healthcare providers fail to adhere to accepted standards of care, resulting in patient harm. This breach can include errors in diagnosis, treatment, or aftercare.

How many deaths are caused by medical errors annually in the U.S.?

Medical errors cause over 400,000 deaths each year in the U.S., highlighting a critical issue in healthcare that demands urgent attention.

What are the most common types of medical errors leading to death?

Surgical errors, medication-related issues, and diagnostic inaccuracies are the most common types of medical errors that can lead to death. Addressing these problem areas is critical for improving patient safety and outcomes.

What should families do if they suspect a loved one died due to medical malpractice?

If you suspect a loved one died due to medical malpractice, it’s crucial to consult an experienced medical malpractice attorney promptly to understand your legal options and potentially file a wrongful death lawsuit. Taking swift action can help ensure your family’s rights are protected.

What types of compensation can be claimed in medical negligence death cases?

In medical negligence death cases, you can claim economic damages for funeral costs, medical bills, and lost income, along with non-economic damages for emotional suffering and loss of companionship, and potentially punitive damages for egregious conduct. It’s important to evaluate the specific circumstances to determine the appropriate compensation.